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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28025
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Firstly, Im from Louisiana...i went to court yesterday for

Customer Question

Firstly, Im from Louisiana...i went to court yesterday for an eviction my landlord persued for non payment of rent for this month of May 2015 & the judgement was rendered in favor of the landlord & later on yesterday my local Marshalls office delivered a 24 hr eviction notice...I want to know if & how to stop it or get an extension
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 2 years ago.
Good morning. Can you share with me the reason for the extension? I am trying to find out what is happening, as the rent was not paid and the landlord sought to evict, so I am curious if something happened which prevented you from knowing that you have to move, once the rent was not paid. Thank you for the clarification.
Customer: replied 2 years ago.
My husband & I r going through a divorce and he is court ordered to pay the house note / rent and he fail to pay me the monies owed for the rent and I spoke with my landlord about it and she continue to pursue the eviction against me..I did file a contempt order against my husband and I am waiting for a court date for that and in the meantime I am being evicted while I wait for the Court to give me a court date to collect my rent monies xcetera from my husband
Expert:  LandlordTenantAnswer replied 2 years ago.
Thank you for the information. The major issue here is that the issue with you and your landlord and the rent owed, has nothing to do with the issue between you and your husband. While I 100% understand that you need him to pay you the money, so you can pay the rent, that does not involve the landlord, so she does have a legal right to evict. Now, it would be at her discretion to understand the situation and work with you and wait but she did not have to and what she did was legal. In order to stop the eviction, you would need to file an emergency motion with the court, showing good cause related to the eviction, as to why you should not be forced to leave. Unless you can do that, which is related to the rental between you and the landlord, the Judge may not be so inclined to give you more time. Moreover, the landlord does not have to wait to get paid the rent, since it may take a while before you husband actually pays and if he does not or does not have the money, she would never obtain the rent. At this point, any damages or injuries you suffer as a result of this, since it was his fault, can likely be awarded by the Judge if he is found in contempt of court. I know HE is the one who placed you in the situation but it is unrelated to the rights of the landlord and the basis to evict, so unless you have a legal reason/basis for the extension, the Judge is not likely going to grant it but you can certainly file the motion today and try to get it heard.
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Customer: replied 2 years ago.
How would I go about filing for an extension & how can I get it to be heard Asap..before noon (central time today) because I do have a major dispute that I feel is grounds for an extension. The lease she presented was a previous lease agreement & not the current one which clearly shows the date on the lease she provided was altered.
Expert:  LandlordTenantAnswer replied 2 years ago.
You would need to draft the motion now, file it with the court and then ask the clerk what Judge you can try and go before, that is hearing matters this morning, to decide on it. The other problem is giving notice to the landlord, since they have a right to be heard as well. You need to go to the court house as soon as they open, to even have a chance at this, since you have to find a Judge to hear the matter, so you may have to sit and wait in court, until the docket is finished, before this will even be considered.
Expert:  LandlordTenantAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!